The choice of research topic determined by several factors. First, the rule of law is a means to achieve the internal goal of the law - to ensure the priority of human rights, which corresponds to the modern vector of development and reform of the criminal process in Ukraine. Secondly, although a large number of scientific papers are devoted to the issue of communication, some questions remain insufficiently considered, and new ones arise in the process of law enforcement.
The paper examines the implementation of the rule of law in the formation of suspicion, drafting and serving a notice of suspicion, changing and canceling a notice of suspicion, and obtained new results in the form of a set of scientific conclusions on the compliance of the notice of suspicion in criminal proceedings.
To determine the areas of research that are currently most relevant for scientific understanding, the paper conducted a comprehensive review of scientific sources, the authors of which in one way or another touched on the rule of law and the report of suspicion. This made it possible to state the following. First, with a large number of in-depth studies on approaches to understanding the rule of law, it has not been investigated how one approach or another affects the practical implementation of the rule of law in criminal proceedings. Second, most scholars and practitioners believe that the system of legal regulation of suspicion contains gaps, is not logical enough and consistent. Third, a comprehensive study of compliance with the rule of law in the process of reporting a suspicion has not been conducted to date.
The author also analyzed the comparatively valuable foreign experience of reporting a suspicion, namely the experience of Georgia, Estonia, Latvia, Lithuania, Belarus, Moldova, Sweden, France, Germany, and synthesized on its basis proposals aimed at improving the procedure for reporting a suspicion. in Ukraine. For example, the CCP of Georgia borrows the practice when in case of impossibility to serve a decision on indictment (the status of the accused in Georgia corresponds to a domestic suspect. - VL) directly to a person such a decision is handed to a lawyer and accepted as more positive than Ukrainian, a model for distinguishing between the status of a detainee and a suspect in Latvia.
The author considers the existing scientific approaches to understanding the rule of law and used it as a methodological element-by-element approach. Through the application of systems theory, it is determined that the rule of law is not a hierarchical system, which is characterized by component, structure, relationship with the environment, and integrative (emergence). Much attention is paid to the relationship between the elements of the rule of law and their characteristics.
The paper concludes that the integrativeness (emergence) of the rule of law explains the complexity of formulating the definition of this principle. Because the rule of law is not just a set of elements (legality, including a transparent, accountable, and democratic process for enforcing the rule of law; legal certainty; prohibition of arbitrariness; access to justice provided by independent and impartial tribunals, including those overseeing judicial oversight). administrative activities, respect for human rights, prohibition of discrimination and equality before the law), is a system of elements that have their functions and their place in the system and it is in such a set and interaction form a new quality.
It is determined that the integrative (emergent) property of the rule of law is the possibility of proper provision of human rights and freedoms as the highest social value in criminal proceedings.
The dissertation analyzes the proposed science and practice definitions of the term «suspicion» and found that the term is polysemous and depending on the context, should be used one or another of its meaning (namely, as a decision, as a procedural action, as a stage of criminal proceedings, etc.). It is emphasized that such a violation of legal technique leads to legal uncertainty, violates human rights and, as a consequence, other elements of the rule of law. The author also pays attention to the term «suspicion» and concludes that the absence of a definition of suspicion in the CPC of Ukraine is due to its basic nature as a term, namely external evidence combined with the difficulty of giving a clear definition. The paper substantiates the conclusion that «suspicion» is an institution that includes the sub-institution of «suspicion».
The author pays considerable attention to the issue of distinguishing between suspicion as a procedural decision and procedural action and argues that the consistency of legal regulation of suspicion is possible only through simplification, maximum logic, and clarity of the relevant rules.
